1 | A bill to be entitled |
2 | An act for the relief of Angela Isham by the City of Ft. |
3 | Lauderdale; providing for an appropriation to compensate |
4 | Angela Isham, individually, and as co-personal |
5 | representative of the Estate of David Isham, deceased, for |
6 | the death of Mr. Isham, which was due to the negligence of |
7 | employees of the City of Ft. Lauderdale; providing a |
8 | limitation on the payment of fees and costs; providing an |
9 | effective date. |
10 |
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11 | WHEREAS, on November 15, 2001, David Isham, the owner of a |
12 | landscaping business and a pest control business, was driving |
13 | along N.W. 13th Street in Ft. Lauderdale, and |
14 | WHEREAS, in an unmarked police vehicle, police officers |
15 | from the Ft. Lauderdale Police Department were engaged in an |
16 | undercover narcotics surveillance and were in pursuit of a |
17 | suspect who was driving a 1994 BMW, and |
18 | WHEREAS, while being chased by the police officers, the |
19 | suspect collided with Mr. Isham's vehicle and caused Mr. Isham's |
20 | vehicle to flip upside down, catch on fire, and trap Mr. Isham |
21 | inside, and |
22 | WHEREAS, as a result of the collision, Mr. Isham died and |
23 | left behind his grieving widow, Angela Isham, and |
24 | WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft. |
25 | Lauderdale, and a week-long jury trial ensued in which the jury |
26 | found that the police officers, acting in an official capacity |
27 | as employees of the City of Ft. Lauderdale, were negligent with |
28 | regard to the vehicle chase that ultimately resulted in the |
29 | death of Mr. Isham and that their actions were the legal cause |
30 | of injury and death to Mr. Isham, and |
31 | WHEREAS, the jury returned a verdict on February 1, 2008, |
32 | in favor of Mrs. Isham, and final judgment was entered in the |
33 | amount of $1,435,219.25, plus postjudgment interest at the |
34 | statutory rate of 11 percent per annum, and |
35 | WHEREAS, the City of Ft. Lauderdale has paid only $200,000 |
36 | of the judgment to date, and |
37 | WHEREAS, the City of Ft. Lauderdale has sufficient funds in |
38 | its Risk Management Fund available to pay this claim, NOW, |
39 | THEREFORE, |
40 |
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41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
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43 | Section 1. The facts stated in the preamble to this act |
44 | are found and declared to be true. |
45 | Section 2. The City of Ft. Lauderdale is authorized and |
46 | directed to appropriate from funds of the city not otherwise |
47 | appropriated and to draw warrants payable to Angela Isham, |
48 | individually, and as co-personal representative of the Estate of |
49 | David Isham, deceased, in the amounts and in the timeframe |
50 | contained in the Partial Satisfaction and Settlement Agreement |
51 | between the City of Ft. Lauderdale and Angela Isham, said amount |
52 | totaling $600,000 above the amount already paid by the City of |
53 | Ft. Lauderdale pursuant to s. 768.28, Florida Statutes. |
54 | Section 3. The amount paid by the City of Ft. Lauderdale |
55 | pursuant to s. 768.28, Florida Statutes, and the amount awarded |
56 | under this act are intended to provide the sole compensation for |
57 | all present and future claims arising out of the factual |
58 | situation described in this act which resulted in the death of |
59 | David Isham. The total amount paid for attorney's fees, lobbying |
60 | fees, costs, and other similar expenses relating to this claim |
61 | may not exceed 25 percent of the amount awarded under this act. |
62 | Section 4. This act shall take effect upon becoming a law. |